•Contract Provisions for Arbitration – what are the choices?
•Administered vs. Non-Administered – benefits/detriments to using an outside provider as opposed to do-it-yourself
•Expedited Arbitration – when should this be used and why?
•“Baseball” Arbitration – how does this work in the context of construction?
•Large/Complex Construction Arbitration – how are these kinds of cases handled? How are they different from regular arbitrations?
•Discovery in Construction Arbitration – how this differs when you have large/complex vs. standard arbitrations
•Who decides whether a dispute is subject to arbitration under a contract—judge or arbitrator?
•Recent example of potential arbitrator misconduct in a construction dispute that potentially jeopardized the enforceability of the arbitration award.
•Dispute Review Boards as an alternative to litigation and arbitration.
Runtime: 57 minutes
Recorded: May 31, 2022
For NY - Difficulty Level: For both newly admitted & experienced attorneys
The economic disruptions brought by the COVID-19 pandemic, along with recent court cases, have triggered waves of issues in the construction industry. These developments further complicate the regulatory landscape, particularly the concept of the limitation of liability clauses, the remedy of alleged defects under the Arizona Purchaser Dwelling Actions Act, and other statutory rules. With the various methods of preparing requirements and procedural steps, businesses need to know what option best suits their case to implement effective resolution strategies.
Listen as experienced construction lawyers Joseph Darr (Kirwin Norris, P.A) and Steven Nudelman (Greenbaum Rowe Smith & Davis LLP) provide the audience with a comprehensive discussion of the most appropriate alternative dispute resolution strategies in construction-related cases. Speakers, among other things, will offer compliance and litigation strategies to avoid legal pitfalls.
Key topics include:
•Construction-Related Alternative Dispute Resolution Trends and Developments
•Common Construction-Related Issues
•Recent Court Cases Impacting the Construction Landscape
•Exploring Effective Dispute Resolution Strategies
•What Lies Ahead
This program was recorded on May 31st, 2022.